The TEACH Act permits: •
Transmitting performances of all of a non-dramatic literary or musical work. This includes poetry or short stories, but does not include audiovisual works, and musical works except for opera, music videos, and musicals. • Transmitting "reasonable and limited portions" of any other performance. This includes audio visual works such as films and videos and dramatic musical works, but the use must be for reasonable and limited portions. • Transmitting displays of any work in amounts comparable to typical face-to-face displays. This includes all types of still images. In addition to the requirements regarding the types of works, these additional requirements apply: • The performance or display must be by or at the direction of, or under supervision of, an instructor, and be conducted as an integral part of a class session at an accredited nonprofit educational institution. • The performance or display must be directly related and of material assistance to the teaching content of the transmission. • The transmission must be solely for, and to the extent technically feasible, the reception of the transmission must be limited to students officially enrolled in the course. • The institution involved in the transmission must have implemented policies related to copyright that at a minimum inform students that certain course materials may be copyrighted and further use of such materials is prohibited. • To the extent possible, technological protection must be applied to the digital transmission to prevent the ability to copy, redistributed, modify or otherwise use the copyrighted materials outside of the educational purpose. The TEACH Act does not cover supplemental online reading, viewing, or listening materials. c. Fair Use Fair Use (17 U.S.C. § 107) is the most commonly relied upon exception for the use copyrighted materials without obtaining permission. However, while fair use is more common in educational settings, not all academic use qualifies as fair use. Generally, fair use permits the use of a copyrighted work "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research … " The four key factors used to determine whether use of a work qualifies as “fair use” are: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Activities limited to the support of educational efforts are more likely to qualify as fair use. Uses that are "transformative" in nature are more likely fair use. To be transformative, the use must add or change the original work in a way that gives it new expression, meaning or message. Incorporating quotations into a paper or pieces of a work mixed into a multi-media product for teaching are usually transformative in nature. Criticism or critical analysis of a work also tends to favor fair use.
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